Construction Law
Your Guide to Compliance, Risk Management, and Dispute Resolution
Construction projects are complex undertakings with multiple stakeholders, legal requirements, and potential risks. At Hahn & Hahn Attorneys, our experienced construction law team is here to help you navigate this challenging landscape. We provide comprehensive legal services to safeguard your interests, ensure regulatory compliance, and resolve disputes effectively.
Construction Contracts: The Foundation of Every Project
Construction contracts lay the groundwork for successful projects by establishing the rights, responsibilities, and expectations of each party. Our attorneys specialize in drafting, reviewing, and enforcing industry-standard contracts, including JBCC, FIDIC, NEC, and PROCSA, as well as custom agreements tailored to unique project needs.
Key Elements of a Construction Contract
- Project Scope & Timeline: Clear project definitions, milestones, and timelines.
- Risk Allocation & Insurance: Effective risk distribution and insurance coverage.
- Payment Terms: Defined schedules and procedures for fair and timely payments.
- Dispute Resolution: Provisions for arbitration, mediation, or adjudication to manage conflicts.
Our team ensures contracts are precise, legally sound, and fully protective of our clients' interests, reducing the likelihood of costly misunderstandings or disputes down the line.
Managing Risks with Comprehensive Contract Clauses
Risk management is a cornerstone of construction law. Indemnity clauses, for instance, play a crucial role in mitigating liability by clearly outlining responsibility for damages or losses due to contract breaches. From specifying coverage to defining exclusions, our attorneys craft indemnity clauses that minimize risk and provide peace of mind.
The NHBRC and Your Rights as a Builder or Developer
Builders and developers must register projects with the National Home Builders Registration Council (NHBRC) to protect housing consumers and maintain legal standing. Our construction law experts offer guidance on meeting NHBRC registration requirements, addressing issues around project delays, workmanship disputes, and payment claims.
Liability and Professional Standards in the Construction Industry
Construction professionals—engineers, architects, and contractors—are held to high standards of care. Negligence, such as errors in design or failure to inspect, can lead to liability. Our attorneys provide expert representation to both plaintiffs and defendants in cases involving construction negligence and professional liability, including claims for damages, breach of duty, and gross negligence.
Dispute Resolution: Efficient and Cost-Effective Solutions
Disputes are an unfortunate but common aspect of construction projects. We specialize in alternative dispute resolution methods, including:
- Mediation: A facilitated negotiation process to reach mutual agreements.
- Adjudication: A faster, binding process for interim dispute resolution.
- Arbitration: A formal, binding method that avoids lengthy litigation.
By prioritizing these methods, we help clients resolve disputes quickly, maintain cash flow, and avoid prolonged legal battles.
Prevention is Key: Ensuring Strong Contracts from the Start
"Prevention is better than cure." This saying holds true in construction law, where a well-crafted contract can prevent many legal issues. We guide our clients in choosing the right contract type—whether standard or bespoke—and understanding their rights and obligations within these agreements.